By:  Cuellar, Henry                                   H.J.R. No. 16
       73R2284 RJA-D
                                  A JOINT RESOLUTION
    1-1  proposing a constitutional amendment authorizing the legislature to
    1-2  provide for the election of justices to the courts of appeals by
    1-3  place.
    1-4        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article V, Section 6, of the Texas Constitution
    1-6  is amended to read as follows:
    1-7        Sec. 6.  (a)  The state shall be divided into courts of
    1-8  appeals districts, with each district having a Chief Justice, two
    1-9  or more other Justices, and such other officials as may be provided
   1-10  by law.  The Justices shall have the qualifications prescribed for
   1-11  Justices of the Supreme Court.  The Court of Appeals may sit in
   1-12  sections as authorized by law.  The concurrence of a majority of
   1-13  the judges sitting in a section is necessary to decide a case.
   1-14  Said Court of Appeals shall have appellate jurisdiction
   1-15  co-extensive with the limits of their respective districts, which
   1-16  shall extend to all cases of which the District Courts or County
   1-17  Courts have original or appellate jurisdiction, under such
   1-18  restrictions and regulations as may be prescribed by law.
   1-19  Provided, that the decision of said courts shall be conclusive on
   1-20  all questions of fact brought before them on appeal or error.  Said
   1-21  courts shall have such other jurisdiction, original and appellate,
   1-22  as may be prescribed by law.
   1-23        Each of said Courts of Appeals shall hold its sessions at a
   1-24  place in its district to be designated by the Legislature, and at
    2-1  such time as may be prescribed by law.
    2-2        (b)  Except as provided by Subsection (e) of this section,
    2-3  the <Said> Justices shall be elected by the qualified voters of
    2-4  their respective districts at the <a> general election for state
    2-5  and county officers.
    2-6        (c)  The Justices shall serve terms<, for a term> of six
    2-7  years and shall receive for their services the sum provided by law.
    2-8  Each Court of Appeals shall appoint a clerk in the same manner as
    2-9  the clerk of the Supreme Court which clerk shall receive such
   2-10  compensation as may be fixed by law.
   2-11        (d)  All constitutional and statutory references to the
   2-12  Courts of Civil Appeals shall be construed to mean the Courts of
   2-13  Appeals.
   2-14        (e)  The Legislature may provide for the election of any of
   2-15  the Justices to any of the Courts of Appeals by alternating
   2-16  partisan election by place and districtwide retention elections for
   2-17  each Justice.  Each area of a place within a Court of Appeals
   2-18  district shall be contiguous, and the places within a district
   2-19  shall be substantially equal in population, according to the most
   2-20  recent federal decennial census.  The Legislature shall redistrict
   2-21  the Court of Appeals districts after the publication of each
   2-22  federal decennial census.
   2-23        (f)  A vacancy in the office of a Justice of a Court of
   2-24  Appeals is filled by appointment by the Governor with the advice
   2-25  and consent of the Senate as provided by Article IV, Section 12,
   2-26  and Article V, Section 28, of this constitution.
   2-27        (g)  The Chief Justice of each Court of Appeals is selected
    3-1  in the manner provided by the Legislature.
    3-2        SECTION 2.  This proposed constitutional amendment shall be
    3-3  submitted to the voters at an election to be held November 8, 1994.
    3-4  The ballot shall be printed to provide for voting for or against
    3-5  the proposition:  "The constitutional amendment authorizing the
    3-6  legislature to provide for the election of justices to the courts
    3-7  of appeals by alternating partisan election by place and
    3-8  districtwide retention elections."